Islamic banking Essay Example | Topics and Well Written Essays - 750 words

Islamic banking - Essay Example The laws governing Islamic banking aim at protecting the interests of the public (El, Tiby 3). This paper will discuss why Islamic banks are becoming popular to the extent that they can extend their services to most parts of the world. The paper will also discuss how Islamic banking can be the solution to the economic problems that emanate from the financial crisis. Over the past few years, Islamic banking has become a popular form of banking; as a result, Islamic banks have expanded their activities to most parts of the world. A crucial factor that has led to the significant spread of Islamic banking is because the banks do not charge interest. Islamic banks oppose the charging of interests on loans since some investments financed by loans may not perform well. Islamic banking tends to prohibit only the forms of finance where there are interests charged. As a result, the relationship between borrowers and banks is guided by the risks and returns that the two entities share. Islamic banking holds that since profit is not guaranteed, there is no need to charge interests. This notion has led to the spread of the ideals of Islamic banking in most parts of the world (Aziz & Gintzburger 270). It is worth noting that another factor that has contributed to the expansion of Islamic banking is the use of lease-based transactions, commonly referred as Ijarah. This form of transaction in Islamic banking is becoming popular, especially in the United States financial market. Ijarah refers to a form of leasing whereby there is the acquisition of the asset by the bank, after which the bank leases the customer the asset. This means that the customer will finally be the owner of the asset, either through the purchase of the asset at an agreed price or through leasing the asset (Aziz & Gintzburger 271). The spread of Islamic banking also emanates from the Murabaha service offered by the bank. This can be regarded as the most popular form of Islamic financing.

Medical Ethics Abortion Essay Example for Free

Medical Ethics Abortion Essay Most moral issues in medicine and healthcare will instigate lively debate, but no subject seems to inflame tempers more than the question of abortion. The gulf between pro-life and pro-choice can be an uncompromising stance of deeply held beliefs and principles. On the one hand, there is the claim that the foetus is a human being with the same right to life as any other human being, and abortion is therefore nothing less than murder. On the other hand, it is argued that a woman has a right to choose what happens within her own body, and is therefore justified in deciding to have her foetus removed if she so wishes. Even a liberal view is problematic; these tend to take the view that it is permissible for an abortion to take place before a certain stage in the foetuses development, but not beyond that given point. Such an arbitrary perspective does seem difficult to quantify; how can anyone determine the criteria that would navigate a decision that finds termination acceptable today but morally reprehensible tomorrow? It is sometimes argued that the foetus reaches personhood well before birth. â€Å"By the tenth week, for example, it already has a face, arms and legs, fingers and toes; it has internal organs, and brain activity is detectable.†[1] But does this undermine a woman’s right to self determination—can it still be reasonable for her to choose abortion, given its level of development? We shall explore this question; not from the perspective of whether the foetus is human, but from the premise â€Å"that the woman’s rights over her body are more important than the life of the person or part person in her womb.†[2] A Woman’s Right to Self-Defence Judith Jarvis Thomson presents the following hypothesis:[3] a woman becomes pregnant and then learns that she has a cardiac condition that will cause her death if the pregnancy continues. Let us grant the foetus personhood, with a right to life. Obviously the mother too has a right to life, so how can we decide who’s right to life is greater? A way of answering this question could be to say that an abortion is an act of aggression with the sole intention to kill. Whereas to do nothing would not be an attempt by anyone to murder the mother, rather to just let her die. The passivity of the latter could be seen as morally preferable than directly killing an innocent person. Thomson argues that â€Å"It cannot seriously be said that†¦she must sit passively by and wait for her death.†[4] There are two people involved, both are innocent, but one is endangering the life of the other. Thomson believes that in this scenario a woman is entitled to defend herself against the threat posed by the unborn baby, even if ultimately this will cause its death. I feel Thomson is correct in her appraisal. If an impartial judgement was sought by an individual as to whose life has greater worth; the foetus or the woman, they might not feel able to choose—both lives could be seen to hold equal value. But there is nothing objective about the woman’s situation—her life is endangered. If a person threatens my life—even if they are not conscious of their actions—I have a right to kill them, if that is the only course of action I can take to repel the attack. The scenario becomes less clear when we consider if a woman holds the same right to defend herself if the continuation of her pregnancy causes her serious health problems that are not terminal. Again, I would assess the situation in terms of an attack. Do I have a right to kill an assailant if he attempts to wound me? The answer, I think, is dependent upon degree—the injury that would be inflicted. It seems reasonable that the degree of retaliation should be proportional to the severity of the attack. Similarly, a woman has the right to terminate her pregnancy if its continuation instigates a degree of illness that is severe enough to warrant that decision. The problem then is quantifying such comparatives. It might seem reasonable to nominate the woman involved as the person best qualified to make that decision, but shouldn’t such judgments emanate from an objective source? After all, should I be able to ‘take the law into my own hands’ and choose whatever reprisal I thought necessary against my attacker? A Woman’s Right to Ownership A woman holds ownership of her own body; therefore she may abort her foetus if that is what she chooses â€Å"it is in a very real sense her own—to dispose of as she wishes.†[5] Professor Thomson analogises: it is not that the woman and foetus are like two tenants occupying a small house that has been mistakenly rented to both of them—the mother owns the house.[6] But not all claims of ownership hold an automatic right to dispose of their property. John Harris gives an example[7] suppose I own a life-saving drug, and have nothing planned for its use other than placing it on my shelf. If I meet a person who was dependent on that drug otherwise they will die, I would not be morally entitled to withhold the drug—it would be wrong of me to exercise that right. What Harris is expressing is that a woman may have the right to do what she wishes to her own body, but it would be wrong of her to exercise that right. The question then is; does the value of ownership of your body take precedence over the value of the foetus? Property is sometimes commandeered during war, and this action is usually justified because national security is thought to take priority over an individual’s right to ownership.[8] Another compelling, and I think decisive, argument comes from Mary Anne Warren. She states that ownership does not give me a right to kill an innocent person on my property, furthermore, it is also immoral to banish a person from my property; if by doing so they will undoubtedly perish.[9] If one does not accept that a foetus is a human being, then the woman may have it removed from her body, similarly to having a kidney stone taken out. But if the foetus is believed to be a person, then I do not think any argument of ownership can hold up against the soundness of the given examples. A Foetuses Right to its Mothers Body Can a woman’s right to choose abortion take priority over the foetuses right to life? Professor Thomson argues that â€Å"†¦a right to life does not guarantee having either a right to be given the use of or a right to be allowed continued use of another person’s body—even if one needs it for life.†[10] Thomson goes on to give an example[11], that if she was terminally ill, and the only thing that would save her life was the touch of Henry Fonda’s cool hand on her fevered brow, she would have no right to expect him to travel to her side and assist her in this way. No doubt, Thomson adds; that it would be frightfully nice of him, but she holds no right against him that he should do so. An obvious criticism is to argue that a woman has a special responsibility to her foetus, simply because she is its mother—a responsibility that ‘Henry Fonda’ does not owe, so the analogy, is rendered useless. But Thomson postulates that â€Å"we do not have any such ‘special responsibility’ for a person unless we have assumed it, explicitly or implicitly.†[12] Thomson therefore argues that if a pregnancy is unwanted, and the woman holds no emotional bond to the foetus, there is no attachment and so no responsibility. A possible dispute to Thomson’s idea is to suggest that the ‘special responsibility’ is bonded through genes rather then emotion. If a child is born and the mother abandons it, her culpability is held through their ‘mother and baby relationship’ rather then what the mother ‘thinks’ of her baby. Another argument that can give claim by the foetus to its mother’s body is one of contract.[13] It could be said that by voluntarily engaging in sexual intercourse a woman—even if using contraception—risks the chance of pregnancy. By understanding the possible consequences of her actions, she must be seen as responsible for the existence of the foetus, because no method of contraception is known to be infallible. Since the woman is accountable for bringing the foetus into the world (albeit in her womb) she assumes an obligation to continue to provide nourishment for its survival. Michael Tooley offers an example that he believes analogises this argument[14] there is a pleasurable act that I practice. But by engaging in it, it can have the unfortunate risk of destroying someone’s food supply. This will not cause the person any problem, as long as I continue to make such provisions, even though it causes me immense trouble and expense. Tooley says that he arranges things so that the probability of the ‘pleasurable act’ having such an effect is as small as possible (contraception). But he says that if things do go wrong, he is still responsible for the person needing food, and therefore obligated to supplying the food needed. Tooley believes that once we engage in an activity that can potentially create a child, then we assume responsibility for its needs, even if bringing that child into existence was accidental and precautions were taken to prevent that outcome. Professor Thomson offers her own powerful analogy in contrast to the above view: If the room is stuffy, and I therefore open a window to air it, and a burglar climbs in, it would be absurd to say, â€Å"Ah, now he can stay, she’s given him a right to the use of her house—for she is partially responsible for his presence there, having voluntarily done what enabled him to get in, in full knowledge that there are such things as burglars, and that burglars burgle.† It would be still more absurd to say this if I had had bars installed outside my windows, precisely to prevent burglars from getting in, and a burglar got in only because of a defect in the bars.[15] Abortion, Due to Rape As already stated, most views against abortion base their position from the value they place on the foetuses life. Even so, in the case where pregnancy had occurred through rape, most opponents of abortion would believe that there would be sufficient justification for termination. Obviously, there is something paradoxical about this—if the foetus is valuable because it is human, it is obviously no less human because its mother had been raped. So how can some opponents of abortion hold such contradictory ideas? Janet Radcliffe Richards’ explains that when a woman is forced to continue pregnancy until childbirth, â€Å"†¦the child is being used as an instrument of punishment to the mother, and that talk of the sanctity of life is being used to disguise the fact.†[16] The only thing that a woman that wants to abort for reasons of accidental pregnancy has done differently, is to of engaged willingly to sex—and that is what she is being punished for.[17] Richards’ offers an interesting approach to the apparent inconsistency stated, although I don’t find its supposition altogether convincing. I think the ‘double-standards’ described, portray an individual that holds only a relative opinion to the value of life that is held by the foetus. That is, the foetus is human, with rights, but not as human and not as much rights as an adult human being. And this is how I feel critics of abortion consider priority to women in rape cases. A Father’s Right To what degree, if any, does the father’s opinion count on whether his unborn child should die at the hands of the mother? After all, the foetus is very much a part of him—sharing his genetic make-up. It is noted by John Harris[18] that a man is not entitled to violate a woman for the purpose of impregnating her—that is rape—so then it follows that he must not violate her by forcing his wishes for a pregnancy to continue until birth. The counter argument is that by agreeing to sex, a woman has tacitly agreed to carry the man’s child. Ultimately the woman’s opinion must take priority over the man’s—because she has to carry the foetus, but, once a foetus is formed, one can have a degree of sympathy for the man’s situation. If copulation had taken place for the purpose of impregnation, then why should the man suffer a feeling of loss just because his partner changes her mind? Where contraception is used, his argument may be weakened—they did not intend parenthood. But if both were planning for a baby, is it fare that once that child exists, the mother can take it away from its father, even though he has done no wrong? A Right to Death If a pregnancy is terminated during its early stages, the foetus will undoubtedly die. But if an abortion takes place later in pregnancy, and by some miracle survives, the mother has no â€Å"right to secure the death of the unborn child.†[19] If the baby was still unwanted, the â€Å"woman may be utterly devastated by the thought of a child, a bit of herself, put out for adoption and never seen or heard of again†[20] but she can only demand her separation from it; she may not order its execution. I guess there would be few opponents to this assertion; but it is interesting to understand why. If a person accepts the permissibility of abortion, how is it so different to kill a child that survives its attempted termination? Presumably the foetus has acquired rights that it didn’t hold inside the womb, or perhaps the woman loses her rights during that transition. It seems strange that location should alter the foetuses perspective so drastically—after all, it is the same being. It could be argued that it is independence that qualifies the foetus for its right to live. When it no longer needs its mother for survival, and is not ‘reliant’ upon her in any way, she loses the right to decide its fate. Professor Thomson’s explanation is somewhat different; she too agrees that there is no justification for a woman to order the death of a foetus that lives following an abortion, but her reasoning is not dependent upon any acquisition or loss of rights. Thomson argues that a termination is just the right for a woman to detach the foetus from her body. This is not an act of murder (even though its death is inevitable during its infancy) but an entitlement to liberation, whatever its outcome.[21] Professor Thomson presents an account that would be reasonable if the act of abortion was purely an attempt of separation. But in fact the procedure used is an attempt, not only to detach and remove the foetus, but to kill it.[22] If the abortionist fails in this task, then Thomson allows the baby a right to live. But as the method of termination is designed for the foetus to die, I believe it renders Thomson’s point unsound. Conclusion Professor Thomson concedes that â€Å"It would be indecent in the woman to request an abortion, and indecent in a doctor to perform it, if she is in her seventh month, and wants the abortion just to avoid the nuisance of postponing a trip abroad.†[23] So, even staunch defendants of feminist ethics feel compelled to consider the foetuses interests once its development reaches a mature stage. It could be argued that the foetus has become a baby, and abortion is therefore tantamount to infanticide. I believe that anyone can exercise their right to self-defence if their life is threatened, and a woman can use her prerogative against the unborn baby at any stage of its development without recrimination. However, I feel that a woman’s right to expel her foetus for any other reason has only relative justification. Relative: because a woman’s rights to abort become less valid as the foetus develops. There is, in my opinion, a necessary correlation between foetal development and a woman’s right to termination. A woman may exercise her choice without compromise during early pregnancy, because the foetus is nothing more then potential, but justification becomes less palatable as potential becomes actualised. Can a woman really hold the same rights to ‘choose what happens within her own body’ when the foetus is twenty five weeks old, as she did when it was ten weeks old? As previously mentioned, arbitrarily choosing a point in the foetuses life and exclaiming ‘before this point the thing is not a person, after this point it is a person,’ does appear contrived. But its comparison with ‘before this point a woman can choose, after this point she can’t; does seem vindicated against less satisfactory views. The purpose of this essay was to assess a case for abortion that was not dependent on the foetuses right to life, but instead to appreciate a woman’s right to choose. I don’t believe that either position can be considered without respecting the rights of the other. Therefore, in my opinion; a woman holds considerable rights; but they are only relative to the foetuses level of development. BIBLIOGRAPHY Dwyer, Susan, The Problem of Abortion. London: Wadsworth Publishing Company, 1997 Glover, Jonathan, Causing Death and Saving Lives. London: Penguin Books, 1997 Harris, John, The Value of Life. London: Routledge, 1985 Info on Abortion â€Å"Abortion†, Wikipedia, the Free Encyclopaedia, http://en.wikipedia.org/wiki/Abortion#Other_means_of_ abortion Richards, Janet, The Sceptical Feminist. Harmondsworth: Pelican, 1982 Sherwin, Susan, No Longer Patient. Philadelphia: Temple University Press, 1992 Thomson, Judith, â€Å"A Defence of Abortion†, Philosophy and Public Affairs, Vol. 1, No. 1, 1971: pp. 47-66 Tooley, Michael, Abortion and Infanticide. London: Oxford University Press, 1983 Warren, Marry Anne, â€Å"On the Moral and Legal Status of Abortion†, The Monist, 1973

Sas Case Analysis

International Case #: 6-2 T h e C a s e o f (Scandinavian Airlines S A S System) INTRODUCTION SCANDINAVIAN AIRLINES SYSTEM (SAS) originated when the airlines of Sweden, Norway and Denmark formed a consortium. 1970’s – competition are fierce and resulted in a loss market share. 1981 – Jan Carlzon, The CEO, undertook drastic decentralization. Top-Down authority replaced by open communication. SAS Strategies is to become known as â€Å"the businessman’s strategy† (with rather high fares), with upgraded service, on-time performance, good food and comfort. For the Future SAS has 2 goals 1. To become the most efficient airline in Europe by 1992 2. To be one of the five major airlines in Europe after 1995 Keystone is SAS’s global strategy is to form strategic alliances. -? An agreement to exchange equities with Swissair was reached in 1989. -? Alliance was also made with All Nippon Airways, LanChile, Canadian Airlines Intl and Finnair. I. TIME CONTEXT II. VIEWPOINT 1981 Jan Carlzon SAS CEO III. CENTRAL PROBLEM Fierce competition, Loss of market share & Reduced profitability IV. STATEMENT OF OBJECTIVE Must: to cope up with competition Wants: to become the most efficient airline in Europe by 1992 and to be one of the five major airlines in Europe after 1995 V. AREAS OF CONSIDERATION THREATS 1.? Competition with larger airlines 2.? High fuel price 3.? Rising operational costs 4.? Decrease in demand for air service 5.? Price Wars OPPORTUNITIES 1.? Strategic alliances with other airlines 2.? Offer high-quality service V. AREAS OF CONSIDERATION WEAKNESSES 1.? Deterioration of services 2.? Low morale of the workforce STRENGTH 1.? Workforce 2.? Upgraded Services 3.? On-time performance 4.? Good food & comfort 5.? Decentralization VI. ALTERNATIVE COURSES OF ACTION 1. Continuous implementation of decentralization (+) Faster decision-making Address and solve the problem right away Open communication Training and development for employees (-) Mistakes or wrong decisions are prevalent Policies and rule must be reviewed and change Training cost Great deal of time in communication a.? b.? c.? d.? a.? b.? c.? d.? VI. ALTERNATIVE COURSES OF ACTION 2. Strategic alliance with other airlines (+) Access to different airlines hub Leverage Able to compete with larger airlines Opportunity to sell shares (-) a.? Control issue b.? Possible waste of money a.? b.? c.? d.? VI. ALTERNATIVE COURSES OF ACTION 3. Upgrade service strategy (+) a.? High-quality service b.? Punctual and on-time performance (-) a.? High fares b.? Research and development cost c.? Training cost VII. RECOMMENDATION Adapt ACA 2 (Strategic Alliance) VIII. ACTION PLAN Person Responsible Jan Carlzon / Marketing Research Jan Carlzon Jan Carlzon Jan Carlzon / Negotiating Team Negotiating Team Jan Carlzon / Allies Finance Department Activities Gather data through business intelligence & competitive analysis Set a meeting with the SAS Board Form a negotiating team Set meetings with possible allies Time Frame 30 days 1 day 7 days Prepare proposals/MOA/Service agreement Contract signing / sign-off Prepare budget 3 days 1 day 5 days â€Å"Mistakes can usually be corrected later; the time that is lost in not making a decision can never be retrieved†. – Jan Carlzon

Physics Of Theoretical And Applied Information Technology

Journal of Theoretical and Applied Information Technology 10th May 2016. Vol.87. No.1  © 2005 - 2016 JATIT LLS. All rights reserved. ISSN: 1992-8645 www.jatit.org E-ISSN: 1817-3195 1 A COMPUTATIONAL HYBRID MODEL WITH TWO LEVEL CLASSIFICATION USING SVM AND NEURAL NETWORK FOR PREDICTING THE DIABETES DISEASE 1NASIB SINGH GILL, 2 POOJA MITTAL 1 Professor, Department of Computer Science Applications, Maharshi Dayanand University, Rohtak, Haryana, India 2 Assistant Professor, Department of Computer Science Applications, Maharshi Dayanand University, Rohtak, Haryana, India Email: mpoojamdu@gmail.com ABSTRACT Data Mining is a collection of number of computational approaches. These approaches are used to develop Knowledge inference systems†¦show more content†¦INTRODUCTION Diabetes is one of the most common chronic, debilitating complex and intricate disease found in all age groups ranging from infants to old age people in all populations. Insulin is a vital and an essential component of our human body metabolism which is used for its proper growth. Diabetes may be caused due to inadequate production of insulin or inappropriate utilization of the produced insulin. In any of the situation, plenty of glucose is available in the blood stream which human body could not utilize it properly [1], resulting in the diabetes. Broadly, diabetes is categorized into two categories: Type 1 and Type 2. Due to insulin deficiency, Type 1 diabetes is caused, also known as juvenile diabetes. The only solution to this type of diabetes is to inject the required amount of insulin as supplement in the patient’s body. Whereas: Type 2 diabetes is more commonly known as Adult-onset diabetes. It is the most common type of diabetes, which usually develops at the age of 40 and older. According to Diabetes Atlas, it is estimated that about 194 million people worldwide are suffering from diabetes and it is estimated that this will increase to 333 million or 6.3% by 2025 [2]. Type 2 diabetes is spreading like an epidemic and constitutes about 85% to 95% of all diabetes in developed countries and even higher in developing countries [3]. Diabetes is taking shape of a serious global problemShow MoreRelatedCopper Iron Alloy Of Different Thickness By Electrodeposition Technique1153 Words   |  5 Pagesimages of Cobalt iron film exhibited nano crystallized structure and the variation of granular size as a function of the potential at which the film deposited. 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No. E83/20087/2012 A RESEARCH THESIS SUBMITTED IN FULFILLMENT FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN THE SCHOOL OF EDUCATION DEPARTMENT OF EDUCATIONAL COMMUNICATION AND TECHNOLOGY OF KENYATTA UNIVERSITY JANUARY 2014 DECLARATION I declare that this research thesis is my original work and has not been presented for a degree in anyRead MoreEssay about Nanotechnology: The Key to a Better World1121 Words   |  5 Pagesscience, engineering, and technology conducted at the nanoscale which has the dimensions of about 1-100 nanometers can be applied to microscopic things and used in diverse fields of science, such as chemistry, biology, physics, materials science, and engineering. The idea of nanotechnology first appeared at a talk entitled â€Å"There’s plenty of Room at the Bottom† by physicist Richard Feynman in an American Physical Society meeting at the California Institute of Technology on December 29, 1959. 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Free Online TOEFL Study Guides

Taking the TOEFL is a necessary step for any student not educated in the United States who wishes to study at a North American university. It is also increasingly required from other educational institutions throughout the world as well as a desired or mandatory job qualification. While it is true that the TOEFL is an extremely difficult test there are a number of resources to help students prepare for the test. Luckily the Internet has an ever-expanding treasure trove of study materials. Most of these areas require registration and payment however a number of the sites do offer some free services. If you are interested in taking the TOEFL it will probably be necessary to purchase some of these services. This guide shows you a number of the free services available on the Internet. By using this feature you can get an excellent head-start on your studies without paying a dime. What Is the TOEFL? Before beginning to study for the TOEFL it is a good idea to understand the philosophy and purpose behind this standardized test. Here is an excellent detailed description of the Internet-based test. What Can I Expect From TOEFL? There are a number of resources available to help you discover exactly what grammar listening and reading skills will be expected on the TOEFL. One of the most thorough of these resources is Testwise.Com  which explains each type of question in terms of the grammar or skill required to answer that type of question successfully. Now that you have a good idea of what the test is, what is to be expected, AND what strategies are needed you can begin to practice taking various sections of the test. To help you do just that (for FREE) follow the following links to these  practice tests  and exercises: TOEFL Grammar / StructurePractice TOEFL tests grammar through whats known as the structure sentence. This section includes multiple choice questions which test your understanding of how to put together a sentence.   TOEFL Grammar Practice 1 TOEFL Grammar Practice 2 Exam English Structure Tests Structure Practice Tests  from TestMagic Five Sets of Practice Questions for Section II  at Free ESL.com by Chris Yukna  Practice Section II TOEFL Vocabulary Practice The vocabulary section focuses on understanding synonyms and antonyms, as well as the ability to use a word in the right context.   TOEFL Vocabulary Practice 400 Must Have Words for TOEFL   TOEFL Reading Practice The reading section asks you to read fairly long sections of text that might be found in a textbook or scholarly article. Comprehension of the relationships between ideas and sequencing events is key in this section.   Reading practice tests  from TestMagic by  Chris Yukna  Practice Section II: Boston   Practice: Fuels TOEFL  based on an article in Wired Magazine by Chris Yukna. TOEFL Listening Practice TOEFL listening selections are often based on lectures in a university setting. As in reading, its important to practice listening long selections (3 - 5) minutes of university lectures or similar listening setting.   Exam English Listening Practice Tests How Do I Approach the TOEFL? One of the most important skills to acquire before taking the test is not a language skill. It is TOEFL test taking strategy. To get up to speed on test taking, this  guide to taking tests  can help you understand  general test taking preparation. The TOEFL, like all standardized American tests, has a very particular structure and typical traps for you to fall into. By understanding these traps and structures you can go a long way to improving your score. The writing section of the TOEFL requires that you write an essay based on a set topic. Testmagic.com has a wonderful  selection of sample essays  discussing common mistakes and giving examples of essays with various scores to show you the range expected on the essay. Practicing the TOEFL Obviously, you will need to do a lot more studying (and probably invest a good bit of money) to do well on the TOEFL. But hopefully, this guide to free TOEFL resources will help you begin to understand what to expect when taking the TOEFL.

A Workable Plan Of Care - 1302 Words

In order to create a workable plan of care for J.M., the patient’s wishes, knowledge and abilities must be assessed (Mertig, 2012). Healthcare providers should recognize that a patient’s autonomy must also be assessed and maintained when creating this plan of care (Mertig, 2012). First, the provider should determine what the major concerns are for the individual, and then collaborate with the patient in setting goals that bring them to her desired outcome (Mensing, 2014). By setting these goals, the patient and provider can formulate the interventions and objectives that will assist the patient in reaching her goals (Mensing, 2014). Another aspect that is critical to implementing and achieving the plan of care is the assessment of any†¦show more content†¦A specific behavioral objective will be to decrease her serving size at meals and eat only 100 calories each for a morning and afternoon snack. Because the patient has not attended any formal education cl asses since her diagnosis, it would be beneficial for J.M. to be referred to a nutritionist in order to reinforce the information that she has as well as enlighten her on proper portion size and healthy snacks (AACE, 2011). If she is not able to go to a nutritionist due to cost or the inability to get time off work, there are many calorie counting resources such as www.livestrong.com/myplate/ or smartphone applications that can be utilized at her convenience (Budd Peterson, 2015). Risk of Stroke: Hypertension, Type 2 diabetes and Hyperlipidemia J.M. is not managing her disease processes as evidenced by her increased blood glucose levels, HbA1C level and triglyceride level. Her glucose was only taken at home 33 times in 40 days, and 85% were above her target of 70-140 mg/dL. Her HbA1C level is 9.3% and her triglycerides are up considerably at 264 mg/dL. Her blood pressure when taken is 145/89 even though lisinopril is indicated on her medication list. These factors as well as her obesity, lack of physical activity and stress level each increase her risk of having a stroke (Clare, 2017). Hypertension is the biggest risk factor for having a stroke (Clare,Show MoreRelatedAchieving and Maintaining Individual Excellence Paper 11414 Words   |  6 PagesWhen planning a budget for a company it is essential is outline the future surpluses, and review potential contribution gain to develop financial stability. In the CareSafe Foster Systems Budget the management team has to review the importance of a workable budget to make changes for financial gain. In order to increase the size of the CareSafe’s surplus is provide four methods and reviewing the pros, and cons of each discussed method. 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Enforcement of Minimum Labour Standards †MyAssignmenthelp.com

Question: Discuss about the Enforcement of Minimum Labour Standards. Answer: Introduction: Under the Fair Work Act of 2009, the government defined the fair practices that employers must adhere to. Section 193 of this Act focuses on the passing the better off overall test. This statute states, When a non-Greenfields agreement passes the better off overall test (ABC 2017), the Fair Work Commission must be satisfied at the time of the test that the award covered would make the employee better off overall (FWC, 2016). The enterprise agreement must also show how the prospective award covered employer thus make the employer better off overall thus justify the modern award applies to the workforce (Craig, 2012). Given the continued debate surrounding the adoption and effectiveness of BOOT, this article weighs into the debate to strike a common ground by fronting different questions. The better off overall test is a test that the FW Commission relies depends on when assessing the enterprise or collective bargaining agreements against the awards (Bamber Sheldon, 2007). The commission compares the registered agreement to relevant awards thus ensures the beneficiaries, especially the worker is better off overall thus qualifies for an approval (Creighton Stewart, 2010). This answers the question, what is BOOT? For several years, the Australian industrial system has constantly focused on the theme of protecting the weak that could be in the form of enterprise agreements or minimum standards in awards (Naughton Pittard, 2013). Although the Australian industrial system has existed to achieve this objective and fight for justice, however, the trade unions have taken the central role in the compulsory arbitration system. Through the compulsory arbitration system, the trade unions have used the statutory tribunals to determine the minimum standards thus guarantying an equity regarding the bargaining power between the involved parties (Naughton, Pittard, 2013). Therefore, it is worth to consider the historical background of the disadvantaged and low-paid workers as provided in the Fair Work Act. Based on the face value of the Act, it guarantees weak some protection through the BOOT. It guarantees these workers, especially the low-paid employees an opportunity to enter into the collective bargaining negotiation through the multi-employer agreements. Previously, these weak employees experienced challenges in utilizing the streams of enterprise bargaining as described by Naughton and Pittard (2013). The FWA has guaranteed worker, notably disadvantaged a comprehensive equal pay platform thus access all the benefits relating to the statutory minimum standards. This is has been achievable by allowing the workers to access the National Employment Standards. Despite these provisions being evident on the Act, it has been impossible to protect sufficiently the disadvantaged and low paid employees (Naughton, Pittard, 2013). The traditional mechanisms provided in the FWA no longer protected the weak because even the compulsory arbitration system has not guaranteed fairness because of the unique characteristics. The statutory tribunal emphasized on the significance of trade unions as critical in the arbitration process and negotiations. The compulsory arbitration was adopted following the turbulent industrial events that were evident in New Zealand and Australia in the 1890s. The compulsory arbitration was intended to allow the third party to manage the process of dispute resolution. However, it emerged that the process was never a free-for-all because it assumed the role of the statutory tribunal in protecting the disadvantaged workers in the negotiation process so that it could establish a safety net (Murray, Owens, 2009). With the safety net, the public interests had appeared aligned. Before this development, the strike prevention part of the public interest but later turned to fixing the minimum rights. Therefore, the tribunal protected the weak based on the public interest connotation. It later became critical to consider basic wages in addressing the public interests. The Australian industrial citizens only earned sufficient wages for sustenance (McCallum, 2011). However, this effect never captured the employee voice expression. There was a need to introduce the rights and fairness of workers that superseded the wages. To this effect, workers got a window to air their views regarding their working conditions because hours and wages were not part of the fair work practices. The protection of the weak thus extended beyond the wages to various minimum employment standards. The compulsory arbitration system was a collective system thus enhances the protection aspects. Conversely, the arbitral tribunals considered the single voice representation across the industry (Quinlan Sheldon, 2011). Hence, the unions found an opportunity to represent their membership in redressing the imbalance between stakeholders. By 1920, the industrial relations sector introduced the award system to establish the minimum labour conditions the extending the awards beyond wages. Indeed, the extension ensured the award extended to hours of work, allowances, breaks, and shift rosters. The Test Case has established a significant regulatory processes and institution in the Australian political, economic, and social history (Plowman, 2004). According to Murray (2005), the evolutionary development of safety net has arguably led to the establishment of the standards. Because of the failures of the initial efforts to protect the weak during the bargaining process, there was need for concerted efforts to restore and serve the interests of the weak. In the view of protecting the weak, the enterprise bargaining era addressed the legitimate concerns regarding the weak disadvantage test as provided under the FWA (Westacott, 2017). Naughton and Pittard affirm, the low-bargaining provisions under the Fair Work Act are specifically designed for workers who have not benefited from the bargaining system (2013, p. 124) thus correcting the weaknesses in the previous tribunals and Case Test. Therefore, the statutory tribunal needed legislative provisions to review the minimum standards. The Test Case process seemed to have influenced the test cases. The minimum standard tests and procedural safeguards seemed to have formed the basis of the federal bargaining provisions. The Work Choices was part of the new legislation that the involved parties had to integrat e into the agreement to accommodate the interests of the weak. This is because; the previous legislations and provisions failed to accommodate the disadvantaged workers (Thornthwaite Sheldon, 2015). The new provisions ensured that parties compared the awards in the agreements and relevant laws. The Work Choice Act is one of the recent industrial relations to continue protecting the weak. This law changed the nature of awards defined in an enterprise agreement. To this effect, the involved parties in a negotiation were supposed to show their good faith negotiating compulsions (Naughton Pittard, 2013). The Work Choice Act 2005 thus described the safety net that specified the minimum employment entitlement (Ferrer, Morris, Hearn-MacKinnon, Saville, 2012). With the Workplace Relations Act, the culture of the enterprise bargaining has changed. Owens, Riley, and Murray (2011) held that the Work Choice Act, it has been possible to restrict awards to 20. New interventions have continued to arise to improve the situation and working environment for the weak. The dynamic regulatory change through the universal standards has affirmed the significance of responding to the public voice. For instance, the Fair Work Act 2009 came as a reprieve and an improvement from the initial situation (Naughton, 2012). It meant to protect the weak that were ignored under the Work Choices and Workplace Relations Act. The FWA focuses on the legislations that balance the framework for productive and cooperative workplace relations (Stewart, 2009). As such, it has become possible achieve fairness and productivity by emphasizing an enterprise-level collective goals and defining the rules that are essential in governing industrial actions (Owens, 2006). The weaknesses evident in the previous cases led to the adoption of the BOOT that recognized the input of the weak in the enterprise agreement process. The significance of BOOT has been evident in the Coles an d HM cases. The problem with this test is that the analysis is never conducted line-by-line because it embraces a universal approach that considers merits and demerits of the award covered. Clark, Taylor, and Oakes (2016) had reported the Coles case where the employer was compelled by the Fair Work Commission to renegotiate the pay deal to meet the expectations and standard of BOOT. The question posed by the Test is not whether each employee is, better off under the agreement compared to their particular existing working arrangements but whether they are better off overall if the agreement applied rather than the relevant modern award. Stewart and Forsyth (2009) found that the Better off Overall Test applies equally to all employees covered by the proposed collective agreement. The Fair Work Commission full bench unanimously refused to approve the 2014/17 Coles Store Team Enterprise Agreement after the committee realized that the employees were better off overall without the agreement and the situation would be worse under the new enterprise agreement (Brooke, 2016). According to Sheldon and Thornthwaite (2011), the Commission declined to approve agreement because it never satisfied the provisions of the FWA provisions. The Commission, in its wisdom realized that the higher ordinary rate offered and additional entitlement provided. The main problem with this new law is the uncertainty regarding the penalty rates that seems to value the BOOT (Dewberry, Siow, Stirling, 2016). If cases are anything to go by, the Coles and Bi-LO had the real experience. The bench that was hearing the issue directed Coles to renegotiate the deal again. The full Bench determined that the Northcote and Benalla Stores never operated 24 hours (Le Mare, 2016). The Bench considered eight employees in the case who acted as on behalf of others to be among the victims. The Full Bench found that the affected employees found their above-Award hourly rates being negated that were never applicable to the agreements regarding the weekend and night work as explained by Butler (2017). When the Bench compared the award for the employees who worked on weekends and at nights, it found the victims were worse off as the workers lost $782-3,506 annual base wage (Clark et al., 2016). The bench thus cautioned the against the wage increases for all workers because only a few workers were affected. Regarding the longer rest breaks, the bench wondered how such rests translated into monetary advantage (Clark et al., 2016). The agreement as presented before the full bench identified various generous entitlements that Coles wanted to benefit the workers. These entitlements include carers leave, redundancy pay, accident makeup pay, emergency services leave. According to Coles, the employees would benefit from the entitlements, such as defence service leave, pre-approved leave arrangements, natural disaster leave, and blood donor (FWC, 2016). Despite Coles arguments, he never provided evidence to back up his claims because he assumed that all employees would benefit. Nonetheless, the benefits never had any financial value that could have made it possible to apply them uniformly (Stewart Forsyth, 2009). However, for employees who were attached to the emergency department of the fire authority, the availability of the emergency service leave was relevant. However, Coles also failed to provide evidence regarding the population of workers who sought such leave. To this effect, it could have been prudent for the agreement to consider the individual wellbeing, domestic violence support, and manage the caring roles (Westacott, 2017). The views of employees made the bench to understand and interpret the agreement based on the participants during the negotiation and voting process (Sharp et al., 2012). The unions efforts to support the agreement never added value because the submissions lacked relevance. Therefore, the remedy, according to the bench was to identify the flaws in the agreements thus affirming it failed to make workers better off overall. The reality of the BOOT is become evident. For instance, the HM enterprise agreement completely failed the test (Desir, 2017). The Swedish fashion company engaged in in the lengthy application process so that the Commission could approve its proposed national enterprise agreement. However, the Commission rejected this agreement as it failed to pass the BOOT. According to Desir (2017), affirms that the proposed agreement was to see the company trade lower public and weekend holidays penalty rates. In fact, it had proposed higher weekend rates thus making the casual employees worse off than modern award. The Retail and Fast Food Workers Union and the Shop Distributive and Allied Employee Association objected the proposal as it disadvantaged some workers (Desir, 2017). Upon analysing the cases, the FWC validated the concerns of these trade unions. In responding to the concerns, the company offered various undertaking to the commission. Conversely, the HMs deputy President Geoff Bull later discovered that the proposed undertakings were insufficient thus refusing to register the agreement. The commission had issues with the time HM had allocated to resolving the underpayment issues. With these difficulties, the company could not reconcile wages with the normal working days. The Commission was also against the companys efforts to offer casual workers $0.65 per hour because the casual workers never enjoyed the 65 percent overtime. The case demonstrated the difficulties that the companies experience in getting their enterprise agreements approved by the FWC based on the BOOT provisions. No level of negotiations and revisions can persuade the Commission to admitting a proposal that rarely assures the parties of a better off overall. For instance, the Commission criticised the HM for offering an unheralded revision that it incorporated during the application process. The revision reduced the salaries of the employees by $5,000 based on the budget reviews. What are the Strengths and the Weaknesses of BOOT? The BOOT provides an opportunity for the voices of the unheard and weak in the workplace. For instance, could it have not been the FWC, HM could have gotten away with the injustices against the casual workers (FWC, 2016). The test ensures that the proposed agreement satisfies the award-covered employees and prospective award covered employer so that both parties remain better off overall. The entertainment guaranteed under the awards system must be relevant to law. The new law allows the Commission to examine the classes of workers so that the agreement can make them better off overall. The current rigorous scrutiny of agreements by the Commission has led to their failures. This is because; it is a no-disadvantage test. Cole and HM are the greatest casualties after the commission failed to approve their agreements. The Commission also considers the ability of the employer to explain to the employees on the provisions covered in the agreement. According to Bland (2016), the BOOT analy sis provides each employee an opportunity to understand their conditions of work and pay rates thus satisfy the provisions of BOOT The test gives room for the application of certain entitlement to the employer. The applications of such awards may be done to the employees disadvantage thus making them worse off. To this effect, the intention and objective of the BOOT is lost (Westacott, 2017). The EBA process is tedious and tiresome because it is long. The employer, for instance, has to consider all the stages in the negotiation process. For the employer, the time and cost needed for the negotiation is long and the FA Australia compels the employer to follow the process to the latter. With the strict timeline and process, any failure could cause the rejection. To the employee, there are a few views and opinions that the weak can bring to the negotiation. In most cases, the weak are never party to the process. For instance, if they expect to be represented, they are compelled to offer some fee that can be costly in the long-term. For the approval of the agreement, there needs to be a majority rule or vote. Where t he employee disagrees with the majority, there are no other options (Bland, 2016). How to improve the BOOT test With the current approval processes involved in the enterprise bargaining negotiation, the employer must beware and fulfil all the requirements. It is important to understand that by fulfilling the requirements, it is possible for the agreement to be registered with the Commission. For employers, it is critical to understand the modern awards that the Australian Industrial Relations Commission has created. Therefore, it important to note that in this process, the aspects of quick fix is impossible. As such, it is prudent for the employer to review the employment conditions to ensure the company complies with the modern awards. The issues concerning the practicality of the law have been brought into the fore. For instance, the Fair Work Australia can use a different interpretation from no disadvantage test when it considers the new test (Kollmorgen Naughton, 2017). The way in which the test is expressed is difficult to understand. For instance, the different language of this statute can be interpreted differently. In fact, the name better off overall raises the bar higher than a mere test thus any reduction in the overall conditions and terms of employment could raise eyebrow. This implies that the authority needs to consider reviewing the language used to enhance the interpretation. Kollmorgen and Naughton (2017) argue that the language of sec. 193(1) of the FWA implies that the test is met in the every award-covered employee. This makes it difficult to determine whether the employee experienced a reduction or a balance in their overall conditions and terms of employment, especially where those terms were the subject of negotiation. The no disadvantage test makes it easy to measure the overall benefits because it focuses on the classes of employees. As a mere language, the FW bills explanatory memorandum showed that the Act would apply the test based on the classes of employees without inquiring into the individual employees circumstances. According to the Explanatory Memorandum Statement, the use of classes of employees seems unclear and ambiguous on the legislation face. The actual meaning as used in the test seems to suggest that the requirement must be satisfied in the case of each employee (Kollmorgen, Naughton, 2017, par. 10). Therefore, the new rule should address these unclear issues relating to language to avoid confusing the Commission and employers. Complying with this statutory regarding the validity of enterprise agreement has proved difficulty. This has compelled the employers to seek lead advice prior to initiating the negotiation with the employees. The FWC should consider simplifying the language used so that the employers can understand and interpret with ease. With the difficulties in understanding language, many people failed to access job opportunities because the employers fear the rejection of their bargaining agreement (Watson, 2017). The current Better off Overall Test has made the interpretation of agreements difficult, risky, and challenging for companies with large workforces (Westacott, 2017). It is feared that if the trend persists, the Australian companies will have no any other option but to increase default, especially to the regulated award systems. Indeed, a system with over 124 awards that is unclear, complex, and out-of-date. It remains critical to get the fundamentals that were anticipated to achieve by the enterprise bargaining (Westacott, 2017). As such, the unions, employers, and workers can work together, thus allow them to respond to the emerging issues. The Australian companies not invest in this arrangement at the expense of global competitive pressures. Conclusion The efficiency and productivity of workforce can be maximized no matter the business size. Nevertheless, the workplace staffing and structures needs are a moving business plans and target. Based on this article, it is evident that BOOT is a good idea that is meant to capture the interests of the weak that was never the case. Although complying with the new award system is an ongoing action, the adoption of BOOT took time. To justify the significance of the law, Coles and HM suffered the consequences when their agreements were rejected. Therefore, it is prudent for the employer to consider the process in advance to avoid rejection. References ABC. (2017, Apr 4). Better Off Overall Test. ABC. Retrieved 9 May 2017, from https://www.abc.net.au/news/2017-04-04/better-off-overall-test/8415436 Bamber, G., Sheldon, P. (2007). Collective Bargaining: An International Analysis. In Blanpain, R., Comparative Labour Law and Industrial Relations in Industrialised Market Economies, 9th Ed. (pp. 585631). Alphen: Wolters Kluwer. Bland, A. (2016, May 9).Understanding the Pros and Cons of an Enterprise Bargaining Agreement. Key Business Advisors. Retrieved 9 May 2017, from https://keyba.com.au/understanding-the-pros-and-cons-of-an-enterprise-bargaining-agreement/ Brooke, P. (2016, Jul 25). Are Your Employees Better Off Overall?- Jul 2016. Piper Alderman. Retrieved 6 May 2017, from https://www.piperalderman.com.au/publications/employment-relations/article/8516 Butler, J. (2017, Feb 23). Penalty Rates for Sundays, Public Holidays to be Slashed. Huffington Post. Retrieved 7 May 2017, from https://www.huffingtonpost.com.au/2017/02/22/sunday-penalty-rates-to-be-slashed/ Clark, S., Taylor, J., Oakes, D. (2016, May 31). Coles could be Forced to Renegotiate Pay Deal with Thousands of Workers After Fair Work Ruling. ABC News. Retrieved 7 May 2017, from https://www.abc.net.au/news/2016-05-31/part-time-coles-worker-wins-fair-case-against-supermarket-giant/7463132 Craig, C. (2012). Oxymoronic or Employer Logic? Preferred Hours Under the Fair Work Act. Australian Journal of Labour Law, 25, 43-64. Creighton, B. Stewart, A. (2010). Labour Law, 5th Edition. Federation Press. Desir, B. (2017, Jan 29). HM Enterprise Agreement Fails BOOT. NRA Legal. Retrieved 9 May 2017, from https://www.nra.net.au/hm-enterprise-agreement-fails-boot/ Dewberry, S., Siow, V., Stirling, A. (2016, Oct 26). Focus: Employment Law. Employment Safety. Retrieved 8 May 2017, from https://www.allens.com.au/pubs/wr/foemp26oct16.htm Fair Work Commission (FWC). (2016, Aug 22). Approval Process. Retrieved 7 May 2017, from https://www.fwc.gov.au/awards-and-agreements/agreements/approval-process Ferrer, J., Morris, L., Hearn-MacKinnon, B., Saville, K. (2012). The Fair Work Act 2009: A Case Of Unrealised Expectations, in The Fair Work Act: Revision Or Restitution. Heidelberg: Heidelberg Press. Kollmorgen, S. Naughton, R. (2017). Australia: The BOOT Practical Operation of the Better off Overall Test. Mondaq. Retrieved 9 May 2017, from Le Mare, N. (2016, Jul 7). The Coles Agreement Decision and what it Means for Enterprise Bargaining. Corrs Chambers Westgarth. Retrieved 8 May 2017, from https://www.corrs.com.au/publications/corrs-in-brief/the-coles-agreement-decision-and-what-it-means-for-enterprise-bargaining/ McCallum, R. (2011). Citizenship at Work: An Australian Perspective. Legal Studies Research Paper No. 11/17. Murray, J. (2005). The AIRCs Test Case on Work and Family Provisions: The End of Dynamic Regulatory Change at Federal Levels. Australian Journal of Labour Law, 18, 325. Murray, J., Owens, R. (2009). The Safety Net: Labour Standards in the New Era. In Forsyth, A., Stewart, A. Fair Work: The New Workplace Laws and the Work Choices Legacy (pp. 4069). Sydney: Federation Press. Naughton, R. Pittard, M. J. (2013). The Voices of the Low Paid and Workers Reliant on Minimum Employment Standards. Adelaide Law Review, 34, 120-139. Naughton, R. (2012). The Role of Fair Work Australia in Facilitating Collective Bargaining. In Creighton, B. Forsyth, A. (Eds). Rediscovering Collective Bargaining: Australias Fair Work Act in International Perspective. New York, NY: Routledge. Owens, R. Riley, J., Murray, J. (2011). The Law of Work, 2nd Edition. Oxford: Oxford University Press. Owens, R. (2006). Working Precariously: The Safety Net after Work Choices. Australian Journal of Labour Law, 19, 161. Plowman, D. (2004). Employers Associations and Compulsory Arbitration. In Isaac, J., Macintyre, S. (Eds), The New Province for the Law and Order: 100 Years of Australian Industrial Conciliation and Arbitration (p. 603). Cambridge: Cambridge University Press. Quinlan, M., Sheldon, P. (2011). The Enforcement of Minimum Labour Standards in an Era of Neo-Liberal Globalization: An Overview. The Economic and Labour Relations Review, 22(2), 5-15. Sheldon, P., Thornthwaite, L. (2011). The State, Labour and the Writing of Australian Labour. History Labour History, 100, 83-104. Stewart, A., Forsyth, A. (2009). The Journey from Work Choices to Fair Work. in Forsyth A, Stewart, A. Fair Work: The New Workplace Laws and the Work Choices Legacy (pp. 1-18). Sydney: Federation Press. Thornthwaite, L. Sheldon, P. (2015). Fair Work Australia: Employer Association Policies, Industries, Industrial Law and the Changing Role of the Tribunal. Journal of Industrial Relations, 53(5). Westacott, J. (2017, Feb 2). Enterprise Bargaining on the Brink. Australian Financial Review, 34. Retrieved 9 May 2017, from Watson, G. (2017, Mar 8). Better off Overall Test Creates More Jobless Workers. Australian Financial Review, 39.